Ordinance 2011-34
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ORDINANCE NO. 2011- 34
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 38, CIVIL
~MERGENCIES, ARTICLE III, DECLARATION OF STATE OF
'> '" EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS AND
~t(:u?:L7.,91..S /ORDINANCES, ALSO KNOWN AS ORDINANCE NO. 84-37, AS
AMENDED, AMENDING SECTION 38-68, AUTHORIZED EMERGENCY
MEASURES, BY DELETING THE RIGHT TO SUSPEND OR LIMIT THE
SALE OF FIREARMS DURING A STATE OF EMERGENCY, IN ORDER
TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA
STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS
AND AMMUNITION REGULATION TO THE STATE OF FLORIDA;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1,2011.
WHEREAS, during the 20 II Legislative Session, the Florida Legislature adopted House
Bill 45, amending Section 790.33, Florida Statutes, entitled "Field of regulation of firearms and
ammunition preempted," by expanding the Legislature's preemption in the field of regulation of
the firearms and ammunition and exacting severe penalties should an elected or appointed local
government official enact, or cause to be enforced, an ordinance or regulation relating to firearms
and ammunition. The effective date of the legislation is October 1, 2011; and
WHEREAS, to comply with this amendment to Section 790.33, Florida Statutes, the Board
of County Commissioners desire to amend Section 38-68 of the Collier County Code of Laws and
Ordinances, by deleting the right to suspend or limit the transportation of firearms during a State of
Emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF"1::>eOImTY
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COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~~~ ~ ~l
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SECTION ONE: Article III. Declaration of State of Emergency, Section 38-56, qEthe (;ode,
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of Laws and Ordinances of Collier County, Florida, is hereby amended as follows: ~. , _., " '.
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Section 38-68. Authorized Emergency Measures. ~;.
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In addition to any other powers conferred by law, upon the declaration of::al- state of
emergency pursuant to this article, the chairman, or vice-chairman in his or her absence, and in the
absence of the chairman and vice-chairman; the next County Commissioner in order of seniority,
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Page I of3
or if two or more were appointed on the same date, then in alphabetical order among them, and in
the absence of any Commissioner; the County Manager, in the absence of the County Manager; the
Clerk of Courts; and in the Clerk's absence; the Deputy County Manager, may order and
promulgate all or any of the following emergency measures to be effective during the period of
such emergency in whole or in part, and with such limitation and conditions as he may deem
appropriate to protect the health, safety and welfare of the community:
(1) Suspend or limit the sale, dispensing or transportation of alcoholic beverages,
firearms, explosives, and combustibles.
(2) Establish curfews, including but not limited to the prohibition of or restrictions on
pedestrian and vehicular movement, standing and parking, except for the provision
of designated, essential services, such as fire, police, emergency medical services
and hospital services, including the transportation of patients, utility emergency
repairs and emergency calls by physicians.
* * * * * * *
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Or~inances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective on October I, 2011.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this~ay o~ ,2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:.,
By: ~W. ~.
FRED W. COYLE, CHAI N
ThIs DrdlnOnCefl1ed wit" the
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and acknowfedge~~ thot
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2011-34
Which was adopted by the Board of County Commissioners
on the 27th day of September, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd
day of October, 2011.
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DWIGHT E. BROCK <'.' ,
Clerk of Courts an<;t_ CI,er.K; -'
Ex-officio to' Boa.rt;l."of, .."i
County Comm:i.ssiQWe~,~: , ~~~~-" , ~,
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By: Ann neJQ~~>;,",;'.;\'.~~t~
Deputy Clerk .-~>. ,', ~~: ~
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